can i shoot birds in garden

[Catcher 1 639]

  On 06/03/2011 at 22:35, Catcher 1 said:

  On 06/03/2011 at 22:23, big GJ said:

  On 06/03/2011 at 22:09, matt_hooks said:

Check your lease. Do you have shooting rights over the land? The general licence can be used by "occupiers" of the land, unless shooting is specifically forbidden by your rental contract. If it's council, it may well be forbidden, but worth checking.

 

The general licence can be found HERE, click me!

hi mate its private not council theres a foot path run along the outside of me back fence as well a think you have to be 25 feet away from public walk ways but a mite be wrong

 

Sure i dead something like that before.You have to be a certain distance from the center of any public walkway/lane/road/bridle paths. Just remembered the book i read it in about twenty years ago.Its called Fair Game.

[matt_hooks 188]

Catcher, BigGJ, you could probably claim shooting corvids on the grounds of protection of wildlife, because they take eggs and young of song birds. You couldn't shoot pigeons under that though. If there are a lot of pigeons then you might have a valid claim under "public health"

[Catcher 1 639]

  On 06/03/2011 at 22:45, matt_hooks said:

Catcher, BigGJ, you could probably claim shooting corvids on the grounds of protection of wildlife, because they take eggs and young of song birds. You couldn't shoot pigeons under that though. If there are a lot of pigeons then you might have a valid claim under "public health"

 

 

Cheers bud.

[Catcher 1 639]

  On 06/03/2011 at 22:45, Catcher 1 said:

  On 06/03/2011 at 22:35, Catcher 1 said:

  On 06/03/2011 at 22:23, big GJ said:

  On 06/03/2011 at 22:09, matt_hooks said:

Check your lease. Do you have shooting rights over the land? The general licence can be used by "occupiers" of the land, unless shooting is specifically forbidden by your rental contract. If it's council, it may well be forbidden, but worth checking.

 

The general licence can be found HERE, click me!

hi mate its private not council theres a foot path run along the outside of me back fence as well a think you have to be 25 feet away from public walk ways but a mite be wrong

 

Sure i read something like that before.You have to be a certain distance from the center of any public walkway/lane/road/bridle paths. Just remembered the book i read it in about twenty years ago.Its called Fair Game.

[Catcher 1 639]

Cheers bud.Its more the magpies.Wake me up every morning chattering like f--k.

[matt_hooks 188]

I've heard of someone who was prosecuted for shooting maggies in his garden because they were noisy. It's not a reason that's covered under the general licence. Your reason would have to be "protection of native fauna".

 

Remember all the other possible offences. It's an offence for the pellet to leave the boundaries of the land over which you have a right to shoot, and obviously damaging other peoples property (fences, cars on the road etc.) is a big no no.

 

Basically if the birds are damaging the local songbird population, and it's not practical to try and scare them away, or any other method of control, then the general licence should cover you (it's up to you to decide if you are or not though, read them and check carefully that you meet the requirements, I can't say yes or no from the other end of a broadband cable!)

[Catcher 1 639]

  On 06/03/2011 at 23:06, matt_hooks said:

I've heard of someone who was prosecuted for shooting maggies in his garden because they were noisy. It's not a reason that's covered under the general licence. Your reason would have to be "protection of native fauna".

 

Remember all the other possible offences. It's an offence for the pellet to leave the boundaries of the land over which you have a right to shoot, and obviously damaging other peoples property (fences, cars on the road etc.) is a big no no.

 

Basically if the birds are damaging the local songbird population, and it's not practical to try and scare them away, or any other method of control, then the general licence should cover you (it's up to you to decide if you are or not though, read them and check carefully that you meet the requirements, I can't say yes or no from the other end of a broadband cable!)

 

 

I will look into it mate.atb.Catcher. Untilthen i.ll just have to put up with the little feckers.

[chickenman 4]

looks like a bit of confusion here but I will let you know my view. Ok yes you can and cant shoot birds. Its pretty clear if they are a protected bird you cant. If such as a crow or woody then yes you can.....but like someone said if its rented are you allowed to shoot them, or indeed have a gun on the proerty?

 

You dont need the shooting rights to shoot a bird if you are allowed, as I am pretty sure a house unless its on a large chunk of land with access to shooting wouldnt have such rights.

 

Regarding the centre of road,path bit etc....a road,path or bridle way etc are all included as far as I am aware (correct me if im wrong) BUT...to have done wrong you MUST be proven to have caused either an accident or such like ...you can shoot near such places and you are not breaking the law..unless someone can prove you caused an accident etc....there was a case thrown out of court last year like this where a copper arrested a guy for pigeon shooting near a road...the judge threw the case out.

 

You can alos fall foul of cilil laws, for example...mrs next door could say you caused her distress when she saw you shooting and bring a cicil action..or she could tell the RSPB or A who could prosecute you....

 

Also you have to make sure the pellet doesnt leave your property ...or you have committed an offence

 

If I were you...if you live in the country and have good nieghbours then ok....if you live in a town and are viewed by do gooders....dont bother....aint woth the pain.

[Rake aboot 4,936]

The General liscence also states that you must have tried other methods to scare of, prevent birds etc,BEFORE killing them,

Also with moaning next doors,, it is simply not worth the hassle.,by the sounds of it.

 

ATB

[graham~j 0]

I live in the country and my neighbours are OK,I have recently had a rat problem but have waited for the neighbours to go out before shooting them with my airgun.I know my neighbour is pleased that I have done this but I'm pretty sure they don't want to see it.

 

Thanks Graham.

[matt_hooks 188]

Chickenman, if you read my earlier post you will see that you are factually inaccurate in several things you've said. Bearing in mind this is taken verbatim from the relevant act of parliament.

 

  On 06/03/2011 at 22:43, matt_hooks said:

Fifty FEET from the centre of a public HIGHWAY.

 

A public highway is a proper, made road. A footpath, or even a bridleway, doesn't count.

 

Also, it's not an absolute prohibition. The law says (and it's the highways act 1980, not any of the firearms acts) that it is an offence to "discharge any firearm or firework within 50 feet of the centre of a highway which is a carriageway, with the consequence that a user of the carriageway is injured, interrupted or endangered."

 

I don't think you could rely on the licence though, as grass seed in your garden doesn't really count as agriculture. You might get away with it under the "protection of public health" though.

 

Also, regarding what you can and can't shoot. ALL wild birds are protected by law. It is only certain birds which you can shoot under the exemptions set out in the relevant general licences (which I also posted links to).

 

You state that "You dont need the shooting rights to shoot a bird if you are allowed, as I am pretty sure a house unless its on a large chunk of land with access to shooting wouldnt have such rights." Again, factually incorrect. You definitely DO need the shooting rights before you can shoot over land. Whether you have those rights due to being in possession of the land as owner or occupier, or you have the rights conferred on you by written permission of the owner of the rights. If you shoot over land where you do NOT have shooting rights (In England anyway) then you commit the offence of armed trespass.

 

Please get your facts straight fella. I don't want to be pedantic, but it can be the difference between staying legal, and ending up with your rifle confiscated and facing a serious criminal charge!

[matt_hooks 188]

  On 07/03/2011 at 06:23, Rake aboot said:

The General liscence also states that you must have tried other methods to scare of, prevent birds etc,BEFORE killing them,

Also with moaning next doors,, it is simply not worth the hassle.,by the sounds of it.

 

ATB

 

Nope, it says you have to CONSIDER other methods. Doesn't mean you have to actually DO them, just show that you've thought about them, and tell them why shooting is the best method (foxes getting caught in Larsen's, scarers being ineffective etc.)

 

It might look good in a defence if you HAVE tried something else, but it's not a necessity to benefit from the licence. Also, if you are shooting on someone elses land, then it is their responsibility to do the "other means" bit before they ask you to shoot.

[Catcher 1 639]

  On 07/03/2011 at 01:16, chickenman said:

looks like a bit of confusion here but I will let you know my view. Ok yes you can and cant shoot birds. Its pretty clear if they are a protected bird you cant. If such as a crow or woody then yes you can.....but like someone said if its rented are you allowed to shoot them, or indeed have a gun on the proerty?

 

You dont need the shooting rights to shoot a bird if you are allowed, as I am pretty sure a house unless its on a large chunk of land with access to shooting wouldnt have such rights.

 

Regarding the centre of road,path bit etc....a road,path or bridle way etc are all included as far as I am aware (correct me if im wrong) BUT...to have done wrong you MUST be proven to have caused either an accident or such like ...you can shoot near such places and you are not breaking the law..unless someone can prove you caused an accident etc....there was a case thrown out of court last year like this where a copper arrested a guy for pigeon shooting near a road...the judge threw the case out.

 

You can alos fall foul of cilil laws, for example...mrs next door could say you caused her distress when she saw you shooting and bring a cicil action..or she could tell the RSPB or A who could prosecute you....

 

Also you have to make sure the pellet doesnt leave your property ...or you have committed an offence

 

If I were you...if you live in the country and have good nieghbours then ok....if you live in a town and are viewed by do gooders....dont bother....aint woth the pain.

 

 

Cheers for all your help.True Gent. Nice to see someome can do you good turn from time to time.atvb. Catcher.

[Malt 379]

Just be safe, discrete & arm yourself with the correct knowledge of the legal side of things & you should be fine. I've shot countless birds in gardens over the years, as I'm sure others on here have. The only thing is that the margins for error are very tight in a garden, so you have to take extra care. Unless you know exactly where the pellet is going to stop, don't shoot it. Plan your shots, use your head & don't just fire away at birds without thinking about what happens (or could happen) after you pull the trigger. Safety first, staying within the law second, everything else after.